Can a caisson be removed from the bottom of tidal waters?

It is a reasonable inference that in its sunken condition the caisson, a very large concrete object, located at the bottom of tidal navigable water was an obstruction, the removal of which would be required under the relevant legislation. In addition to the statute, there was a common law obligation at the instance of any member of the public using the navigable waters not to obstruct or impede the free and full enjoyment of the public’s right to navigation: see Wood v. Esson, 1884 CanLII 44 (SCC), [1884] 9 S.C.R. 239.